2012 QCCA 1484, 2012 QCCA 1484

Chemama c. R. 2012 QCCA 1484 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005248-123, 500-10-005249-121 (500-36-006196-128, 500-36-006319-126) DATE: August 22, 2012 THE HONOURABLE ALLAN R. HILTON, J.A. ERICH CHEMAMA APPELLANT v. HER MAJESTY THE QUEEN RESPONDENT JUDGMENT [ 1 ] The applicant Erich Chemama has presented an application with several conclusions based on sections 683 and 784(2) Cr.C . that I am scheduled to hear as judge in chambers on August 27, 2012.

The applicant's appeals relate to decisions of Superior Court judges to defer the hearing of his motion for the issuance of a writ of habeas corpus until September 4. It is important to note in this connection that the applicant's habeas corpus proceedings have not been adjudicated, which necessarily means the writ requested has not been issued. [ 2 ] As a result, I lack jurisdiction as a judge in chambers to issue any orders of the nature the applicant seeks in matters of habeas corpus in accordance with the judgments of Duterville v. R [1] and Gaudreau v.

Québec (Procureur général) . [2] [ 3 ] Having examined the applicant's notices of appeal, an officer of the Court's Registry referred them to a panel of the Court pursuant to

section 685 Cr.C ., and the applicant was advised accordingly by letter. The hearing so referred will take place on Monday, September 10, 2012. [ 4 ] Accordingly, given my lack of jurisdiction as judge in chambers, I defer the hearing of the applicant's motion presentable before me on August 27, 2012 to the panel of the Court hearing the referral of his appeals pursuant to

section 685 Cr.C . on September 10, 2012. ALLAN R. HILTON, J.A. Mr. Erich Chemama Representing himself Mtre Jean-Yves Bernard BERNARD, ROY Mtre Matthew Ferguson DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS For the respondent